Any lawyer or law student in here?

[MissTwisties]

I was in a bad car accident in November '06. The woman who hit me is 100% at fault. I'v had a lawyer since, went into treatment for back and knee injuries, etc.

Wouldn't my lawyer supposed to go over the "demand letter" with me, before sending it to the other person's insurance cie? You know, to tell me what they will go for, injuries, medical bills, out of work, pain and suffering, etc. and the amount of money they are asking?? I did ask him to contact me before he send out the demand letter and he said he would so we could go over it. He didn't. He told his paralegal to go ahead and send the letter. She won't tell me anything that's on it, or the amount of money they are asking. She said it's not in their practice to do so, that they never tell the client about this stuff. Am I not entitled to KNOW these things so I can have my say if I agree with it or not? Doesn't make sense to me, and it's very frustrating/insulting to think I hired them and they won't communicate these things to me. He could have asked for $5000 for all I know! I know he surely did ask for more than that but, you get my point. I'm at over $16 000 in medical bills for christ sake.

The paralegal told me one thing tho....they never ask for the full amount of what the other person is covered for...so let's say that woman was covered for $100 000 for bodily injury, property damaged (she destroyed my car), etc. they would not ask for that amount. Which I can understand, I don't have any broken bones and I'm still walking, and alive.

[tonyd]

Let them deal with all that shit, do you really want to hassle with the details? I would think they need your sign off before the deal is final so you will know then without all the hassle. Oh, so you know, don't expect and outcome anytime soon. My buddy got rear ended on his bike by a car in 2001 and just got a settlement in May 2007.

[MissTwisties]

That is only if you choose to get into a lawsuit because you and your lawyer think the insurance cie is not giving you enough to settle the case. That can indeed takes an awful lot of time. If you are satisfied with the amount of $$ they are willing to pay with a simple settlement then it won't take long. I've been thru that before, settling out of court after you're done with your treatment takes only a few months, took my lawyers at the time maybe one month.

[butcher bergs]

I'm sure you'll have to sign something saying you agree to the terms and compensation figures...just a guess tho.

[SVRACER01]

hey for all you know he asked for the $100K and then tells you that you only won $50K and half goes to him so you only get $25K

[MissTwisties]

hey for all you know he asked for the $100K and then tells you that you only won $50K and half goes to him so you only get $25K

You know what....I think you might be onto something here...

(btw, lawyers get 1/3 of a settlement, no wonder they love their job...LOL)

[Cheese]

They'll ask for all they think they can get. All you need to do is keeping going to the doctor every time they ask you to. As for property damage, you'll get the amount that the insurance company agrees your car is worth, period. Any "extra" money will come from medical.

[OreoGaborio]

it's not the paraleagal's job to discuss settlement amounts, that's why he/she didn't tell you.

Get your LAWYER on the phone, not the paralegal & talk to him. If he keeps giving you the runaround & won't talk to you, contact the BBO.

[RandyO]

(btw, lawyers get 1/3 of a settlement, no wonder they love their job...LOL)

only 1/3 ? you got a cheap lawyer, more common is 40% -50% + expenses

[MissTwisties]

only 1/3 ? you got a cheap lawyer, more common is 40% -50% + expenses

So far in my area it's a common %...lawyers ask 1/3 of a settlement. I'm sure there might be some that ask a lot more.

[ChrisNoF4i]

Your lawyer is probably out there right now shopping for a Pontiac Fiero with a Ferrari body kit with your hard earned money. The legal system is a motherbitch.

[Awesome]

only 1/3 ? you got a cheap lawyer, more common is 40% -50% + expenses

Both of my cases and everyone I've ever talked to was 1/3 flat.

[Honclfibr]

Doubleposted!

[Honclfibr]

Your lawyer is probably out there right now shopping for a Pontiac Fiero with a Ferrari body kit with your hard earned money. The legal system is a motherbitch.

What woudl that be called? A Fierero? A Ferrieri?

[highsider]

only 1/3 ? you got a cheap lawyer, more common is 40% -50% + expenses

Oh my goodness, a chink in the armor! The knower and see-er of all, RandyO, is mistaken!

PI Lawyers charge a standard 1/3rd of the settlement, plus expenses. I believe it is capped by Federal Law, but its been a while since I worked at a law firm, so I'm not up to date any more on such things.

Miss T, your paralegal is being a complete douche, and is committing a very clear ethics violation. Your attorney is obligated to share every single facet of your case with you at all times, and is explicitly prohibited from keeping any information whatsoever from you.

You should call and speak with the again, and let them know that if they continue to withhold info from you, you will report their actions to your State Bar Association.

[highsider]

Just as an FYI for anyone in a PI case:

The rule of thirds is a pretty solid guideline -it works like this:

1/3 of the settlement goes to you
1/3 of the settlement to your attorney
1/3 of the settlement as subrogation to whatever health insurance company paid your medical bills.

[richw]

In NY there was a sliding scale which in small matters was 50%
down to 20 when big numbers were had


are you sure about the other insurance company or is that a maximum
$s they can take if there outlay exceeds that.


Twisties remeber a real percentage of insurance clients die and get them off the hook. That money is invested and earning them interest. There is no upside for the insurance to pay you off early unless you put a sweet deal on the table with a time limit... when your lawyers boat payment is due.

[highsider]

In NY there was a sliding scale which in small matters was 50%

NY is a "no-fault" state, which makes PI matters muddled; nonetheless, the fee schedule for PI matters is still 1/3.

[RandyO]

PI Lawyers charge a standard 1/3rd of the settlement, plus expenses. I believe it is capped by Federal Law.

Fuck you too, mr. sexual intelectual


Hiring a Personal Injury Lawyer


The amount of the contingent fee your lawyer will charge will vary somewhat from state to state. In most states, the attorney fee will be between one third and 40% of a personal injury award

[ChrisNoF4i]

What woudl that be called? A Fierero? A Ferrieri?

Let's just call it: four wheels of radical awesomeness.